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State pays ex-death row inmate $3.9M

Posted October 2, 2009

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— The state paid $3.9 million to a former death row inmate who was wrongly convicted to settle his lawsuit, according to court documents filed Thursday.

Alan Gell spent five years on death row for the April 1995 slaying of retired truck driver Allen Ray Jenkins in Hertford County. He was awarded a new trial in 2002 after it was determined that prosecutors withheld evidence of his possible innocence from defense attorneys during his trial.

A jury acquitted Gell in a 2004 retrial.

The State Bureau of Investigation paid Gell $500,000 on behalf of Special Agent Dwight Ransome, who pushed prosecutors to try Gell for Jenkins' slaying despite witness statements and other evidence that Gell wasn't involved.

Insurance companies for the state will pay Gell and his attorneys almost $3.4 million under the settlement, including a monthly payment of $7,857 to Gell, beginning in September 2011.

Two prosecutors named in Gell's federal lawsuit were dismissed because they have immunity for their actions in prosecuting cases. The town of Aulander previously settled with Gell for the role its police played in the investigation and prosecution.

A State Bar disciplinary panel reprimanded prosecutors Debra Graves and David Hoke in 2004 for violating judicial codes of conduct in Gell's original trial.

Gell is serving a five-year sentence for indecent liberties with a child and sexual exploitation of a minor. The charges stem from his relationship with a girl who was 15 years old at the time.

Gell and the girl are the parents of a 3-year-old boy.

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  • jb2230 Oct 2, 2009

    why is this "ANGEL" of the state getting this money?? i feel sorry he was on DROW but now he is back ion prison for another offense. he should not get a dime from anyone.

  • fl2nc2ca2md2nc Oct 2, 2009

    "YAY, make a millionaire out of child molester. Gotta love it.

    "Gell is serving a five-year sentence for indecent liberties with a child and sexual exploitation of a minor. The charges stem from his relationship with a girl who was 15 years old at the time.""

    As reprehensible as his actions were with the 15 year old, one has nothing to do with the other.

  • GoGreen Oct 2, 2009

    Why didn't we just execute him when he first hit death row? I mean, we (the taxpayers) wouldn't have to pay nothin' then. Who really cares if he is innocent?

    Ya' know, at the time of Gell's arrest and conviction, everyone was certain of his guilt beyond any doubt. Sumthin' to ponder.

  • concerncitizen Oct 2, 2009

    dookie4life, let's see you spent that much time in jail for a crime you know you didn't do, and see what you come out as!!!!! Can you even imagine the hell he has gone through? I understand what he has done now was wrong but......... We almost killed him! We've done it before. Day after day after day he had to live with knowing he was about to die!

  • concerncitizen Oct 2, 2009

    Someone must go to jail....... The least is attempted murder! This man was on death row! The investigator new he was not guilty!

  • WinnieFan Oct 2, 2009

    "Gell is serving a five-year sentence for indecent liberties with a child and sexual exploitation of a minor."

    One would assume Sept 2011 is when his sentence will be up, and his millionaire status will begin at that time.

  • UNCRTP3 Oct 2, 2009

    How can these prosecutors hide behing immunity for clearly violating this man's constitutional rights, yet the Duke lacrosse defendants were able to sue Mr. Nifong and force him to file bankruptcy? I mean they are/were both presecutors, what is the difference? Can someone explain?

  • dookie4life Oct 2, 2009

    YAY, make a millionaire out of child molester. Gotta love it.

    "Gell is serving a five-year sentence for indecent liberties with a child and sexual exploitation of a minor. The charges stem from his relationship with a girl who was 15 years old at the time."

  • SO LOW Oct 2, 2009

    Why does he not start receiving payment until 2011? That's a crock, if you ask me.

  • 4lilboys Oct 2, 2009

    He is getting all of this money but cannot enjoy it until 2011. http://webapps6.doc.state.nc.us/opi/viewoffender.do?method=view&offenderID=0143603&searchLastName=Gell&searchFirstName=Alan&searchGender=M&searchRace=1&listurl=pagelistoffendersearchresults&listpage=1

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